SOLICITATION, OFFER AND AWARD - U.S. Embassy in Oman · 2020. 11. 11. · 2 solicitation, offer and award 1. this contract is a rated order under dpas (15 cfr 350) rating page of

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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350) RATING PAGE OF PAGES

1 | 76

2. CONTRACT (Proc. Inst. Ident.) NO.

3. SOLICITATION NO.

19MU30-20-R-0004

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[x] NEGOTIATED (RFP)

5. DATE ISSUED

Nov. 10, 2020

6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than item 7) U.S. Embassy,

PO box 202, P.C. 115,

Madinat al-sultan Qaboos

Street #32, Building #38,

Jamait ad Duwal Arabiyya Street

Muscat, Sultanate of Oman Phone: 00968-2464-3689 Fax:

NOTE: In sealed bid solicitation "offer" and "offeror” mean "bid" and "bidder".

SOLICITATION 9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified, in the depository located in as in block 7 until Dec. 21, 2020 local time 13:00 hours. (hour) (date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.215-1. All offers are subject to all terms and conditions contained in

this solicitation.

10. FOR INFORMATION

CALL: A. NAME

Dimitry Medvedev B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXT +968-2464-3689

C. E-MAIL ADDRESS

[email protected] and [email protected]

11. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 18-26

X B SUPPLIES OR SERVICE AND PRICES/COSTS 2-4 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

X C DESCRIPTION/SPECS/WORK STATEMENT 5-12 X J LIST OF ATTACHMENTS 27-29 D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 12-13 X K REPRESENTATIONS, CERTIFICATIONS, AND 30-38

X F DELIVERIES OR PERFORMANCE 13-14 OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION 14-16 X L INSTRS., COND., AND NOTICES TO OFFERORS 38-44

X H SPECIAL CONTRACT REQUIREMENTS 16-18 X M EVALUATION FACTORS FOR AWARD 44-45

OFFER (Must be fully completed by offeror) NOTE: ITEM 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 150 calendar days (120 calendar days unless a different period

is inserted by the offer) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item,

delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT SEE

14

(See section I, Clause No 52.232-8)

10 CALENDAR

DAYS

%

20 CALENDAR

DAYS

%

30 CALENDAR

DAYS

%

CALENDAR DAYS

%

14. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments

to the solicitation and related documents )

numbered and dated:

15A.

NAME AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED

ADDRESS OF

OFFEROR

TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS [ ] IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEM NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTRATION BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

Dimitry Medvedev

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this form, or on the Standard Form 26, or by other authorized official written notice.

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SECTION B

PART I: PRICE - HEALTH INSURANCE

B.1. HEALTH INSURANCE SERVICES

The Contractor shall provide the Health Insurance services to employees of the Government of the

United States of America in Sultanate of Oman as described in Section C and the Exhibits in

Section J. The groups of employees who shall be provided this insurance are listed in C.1.4

(medical) and C.2 (life). This insurance shall be provided in accordance with Section C and the

Exhibits in Section J.

B.1.1. Official Residence Expense (ORE) for five (5) ORE staff members are included under this

contract only as a rider; the Contractor shall bill the Chief of Mission and Deputy Chief of Mission

(for ORE Staff), at the rates specified below. See Section G for billing procedures.

B.1. HEALTH INSURANCE SERVICES

The Contractor shall provide Health Insurance services to employees of the Government of the

United States of America in Sultanate of Oman. The groups of employees who shall be provided

this insurance are listed in C.1.4. This insurance shall be provided in accordance with Section C

and the Exhibits in Section J.

B.2. PRICES:

James Zadroga 9/11 Victims Health and Compensation Act of 2010 Notice:

Unless a Waiver or Exception applies, payments subsequent to this procurement are subject to an

Excise Tax of 2% pursuant to 26 U.S.C. 5000C.

If your offer is from one of the excepted countries please provide the W-14 form with your offer.

https://www.irs.gov/forms-pubs/about-form-w-14

https://www.irs.gov/instructions/iw14

VAT VERSION B

VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for VAT

under this contract. The Contractor shall not include a line for VAT on Invoices as the U.S.

Embassy has a tax exemption certificate with the host government.

B.2.2 This is a fixed price with economic price adjustment requirements type contract under which

will be issued firm, fixed-price task orders. The fixed prices/premium rates for the health insurance

services as specified in Section C are as follows:

B.2.3. Base Year of Contract: From April 01, 2021 to March 31, 2022

Bi-Weekly Rates per Employee

https://www.irs.gov/forms-pubs/about-form-w-14

https://www.irs.gov/instructions/iw14

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Category

Estimated Number

of Employees Rate per Employee

Bi-Weekly Total

a. Single Employees (Self Only) 189

b. Family Plan 477

c. Subtotal (a + b)

d. Total Price for Base Year (c x 26)

B.2.4. Option Year 1 of Contract: From April 01, 2022 to March 31, 2023


Category

Estimated Number

of Employees

Rate per Employee

Bi-Weekly Total


b. Family Plan 480

c. Subtotal (a + b)

d. Total Price for Option Year 1 (c x 26)



Category

Estimated Number

of Employees

Rate per Employee

Bi-Weekly Total a. Single Employees (Self Only) 193

b. Family Plan 483

c. Subtotal (a + b)


5



Category

Estimated Number

of Employees

Rate per Employee

Bi-Weekly Total


b. Family Plan 486

c. Subtotal (a + b)




Category

Estimated Number

of Employees

Rate per Employee

Bi-Weekly Total


b. Family Plan 489

c. Subtotal (a + b)


B.2.8. Grand Total of Base plus All Option Years

Base Year Total

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B.3 ADMINISTRATIVE RETENTION AMOUNTS

B.3.1 If the Contractor requests a price adjustment under B.4 below, the Contractor must present

cost experience data that includes the retention amount. For purposes of any economic price

adjustment, this retention amount is a fixed amount that is a part of the premium amounts in B.2.

This retention amount will not be adjusted for any reason.

The retention amount is part of the premium and may include, but not be limited to, such costs as

overhead and general and administrative costs. It will also include any profit. Essentially, it

includes all costs except the actual portion of the premium intended to fund claims paid to the

health care provider/claimant. B.3.2 sets forth the retention amounts per premium paid for each

category of premium and for each period of performance.

NOTE TO OFFEROR: Fill in the fixed bi-weekly retention amounts for each period of performance

and for each category of premium. This fixed amount must be expressed in the currency in which

the premium amount is proposed. The fixed retention amount shall NOT be expressed in terms of

a percentage of the premium.

B.3.2.1 Bi-Weekly Retention Amounts per separate premium paid per single employee and per

family plan.

Period of Performance Single Employees (Self Only) Family Plan

Base Period

Option Year 1

Option Year 2

Option Year 3

Option Year 4

B.4. ECONOMIC PRICE ADJUSTMENT-HEALTH INSURANCE PREMIUMS

B.4.1. Premium Adjustment Based on Experience - For health insurance, prices may be adjusted

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

Grand Total of Base plus All Option Years

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upward or downward based on the experience rating of the Mission(s) covered by this contract,

and it specifically excludes all riders in B.1.1. No adjustment will be allowed during the first twelve

months. After such time, the Contractor or the Government may request an adjustment in

premiums on an annual basis. Adjustments are not retroactive to previous contract terms. Before

any such adjustment is made, the Contractor agrees to provide the Government a balance sheet

showing three main components for the time period: (1) receipts (premiums received) minus the

retention amount, (2) number of insurance plans and (3) claims paid. This information shall be

provided per type of premium, ie per line item. The retention amount is not subject to adjustment.

The Government reserves the right to have an independent third party review the balance sheet

and claims and make recommendations regarding the appropriateness of the requested adjustment.

Any adjustment shall be subject to mutual agreement of the parties and shall result in a written

modification to the contract. Mutually agreed to adjustments shall be effective thirty days after

complete information is received by the Government. Any failure to reach agreement under this

clause shall be subject to the procedures in the Disputes clause.

B.4.2. Premium Adjustment Based on Laws - The rates may also be adjusted during the

performance period of the contract as a result of laws enacted by the host Government, if such

change in the laws has a direct impact on the cost to the Contractor to perform this contract at the

contracted rate. In that event, the Contracting Officer may enter into negotiations with the

Contractor to modify the contract to adjust the premium rate. The Contractor agrees to provide all

documentation necessary to support any requested adjustment.

B.4.2.1 Employee Pool – This clause is only in effect if the Contractor included details in its offer

regarding a pooling arrangement, of which this contract is a part.

Before any adjustment is made under this price adjustment clause, the Contractor must include in

its proposal for adjustment, details setting forth how the pool impacts the request for equitable

adjustment.

PART II: PRICE - GROUP LIFE INSURANCE

B.5. GROUP LIFE INSURANCE SERVICES

The Contractor shall provide the Group Life Insurance services described herein to employees of

the Government of the United States of America in Sultanate of Oman. The groups of employees

who shall be provided this insurance are listed in C.2. This insurance shall be provided in

accordance with Section C and the Exhibits in Section J.

B.6. GROUP LIFE INSURANCE RATES

This is a fixed-price with economic-price- adjustment-requirements type contract under which

the Government will issue firm-fixed price task orders. The fixed prices/premium rates in

Omani Rials per one thousand of salary to provide life insurance, accidental death and

dismemberment partial and total disability coverage as follows: as it’s noted in each B Pricing

Base and Options under c.

8



Type of Insurance

Premium

(per 1,000 of Salary)

Estimated Payroll

(Bi-Weekly in Thousands)

Bi-Weekly Total

a. Basic Life 98,645

b. Accidental Death & Dismemberment 98,645

c. Partial & Total Disability Coverage NA

d. Subtotal (a + b + c)

e. Total Price for Base Year (d x 26)



Type of Insurance

Premium


Estimated Payroll


Bi-Weekly Total





e. Total Price for Base Year (d x 26)



Type of Insurance

Premium


Estimated Payroll


Bi-Weekly Total



9



e. Total Price for Option Year 2 (d x 26)



Type of Insurance

Premium


Estimated Payroll


Bi-Weekly Total








Type of Insurance

Premium


Estimated Payroll


Bi-Weekly Total






B.6.6. Grand Total of Base plus All Option Years

Base Year Total

Option Year 1 Total

Option Year 2 Total

Option Year 3 Total

Option Year 4 Total

10

Grand Total of Base plus All Option Years

B.7 ADMINISTRATIVE RETENTION AMOUNTS

B.7.1 If the Contractor requests a price adjustment under B.8 below, the Contractor must present

cost experience data that includes the retention amount. For purposes of any economic price

adjustment, this retention amount is a fixed amount that is a part of the premium amounts in B.6.

This retention amount will not be adjusted for any reason.

The retention amount is part of the premium and may include, but not be limited to, such costs as

overhead and general and administrative costs. It will also include any profit. Essentially, it

includes all costs except the actual portion of the premium intended to fund claims paid to the

claimant.

B.7.2 sets forth the retention amounts per premium paid for each category of premium and for

each period of performance.

NOTE TO OFFEROR: Fill in the fixed retention amounts for each period of performance and for

each category of premium. This fixed amount must be expressed in the currency in which the

premium amount is proposed. The fixed retention amount shall NOT be expressed in terms of a

percentage of the premium.

B.7.2 Retention Amounts per Separate Premium Paid per Employee:

Period of

Performance

Basic Life

Accidental Death and

Dismemberment

Partial and Total

Disability Coverage

Base Period NA

Option Year 1 NA

Option Year 2

NA

Option Year 3 NA

Option Year 4 NA

B.8 ECONOMIC PRICE ADJUSTMENT (EPA)-LIFE INSURANCE PREMIUMS

B.8.1. Premium Adjustment Based on Experience: For life insurance, prices may be adjusted

upward or downward based on the experience rating of the Mission(s) covered by this contract,

11

No adjustment will be allowed during the first twelve months. After such time, the Contractor or

the Government may request an adjustment in premiums on an annual basis. Adjustments are not

retroactive to previous contract terms. Before any such adjustment is made, the Contractor agrees

to provide the Government a balance sheet showing three main components for the time period:

(1) receipts (premiums received) minus the retention amount, (2) number of insurance plans and

(3) claims paid. The information shall be provided per type of premium, ie per line item. The

retention amount is not subject to adjustment. The Government reserves the right to select an

independent third party to review the balance sheet and claims and make recommendations

regarding the appropriateness of the requested adjustment. Any adjustment shall be subject to

mutual agreement of the parties and shall result in a written modification to the contract. Mutually

agreed to adjustments shall be effective thirty days after complete information is received by the

Government. Any failure to reach agreement under this clause shall be subject to the procedures

in the Disputes clause.

B.8.2. Premium Adjustment Based on Law: The rates may also be adjusted during the

performance period of the contract as a result of laws enacted by the host Government, if such

change in the laws has a direct impact on the cost to the Contractor to perform this contract at the

rate contracted for herein. In that event, the Contracting Officer may enter into negotiations with

the Contractor to modify the contract to adjust the premium rate. The Contractor agrees to provide

all documentation necessary to support any requested adjustment.

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SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

PART I - HEALTH INSURANCE

C.1. HEALTH INSURANCE SERVICES

The Government of the United States of America requires Health Insurance coverage for its

employees as further described in C.1.4 in Sultanate of Oman. The Government has determined

that the prevailing practice by employers in Sultanate of Oman is to provide for their employees’

health insurance protection and that the cost of such insurance protection is usually borne by the

employer 100%. Health insurance protection will be representative of locally prevailing

compensation practice as further described in C.1.2. The specific health benefit coverage under

this contract is set forth in Section C and the Exhibits in Section J.

The Contractor shall insure that health care under this contract does not exclude HIV/AIDS care.

Post-Unique Benefits

C.1.1 Employee and Dependent(s) Health Services Benefits

The health benefits under this contract are as follows. Reimbursement of covered expenses is

limited to the stated percentages of reasonable and customary costs. Proposals that contain more

benefits (even if there is no increase in cost) or fewer benefits than stated in the solicitation may

be deemed technically unacceptable.

Reimbursements or payments shall be made for the following covered benefits, subject to

reasonable and customary costs in the locality where treatment was provided:

MANDATORY/REQUIRED BENEFITS

Hospitalization (treatment in the hospital for inpatient care):

Services and supplies provided during hospitalization, including services provided by a licensed

healthcare provider, bed & board (semi-private accommodations), operating room, recovery room,

intensive care, imaging and diagnostic testing, general hospital nursing care, physical therapy, as

well as drugs and medicines administered while in-patient. When private accommodations are

provided, coverage will be limited to the cost of a semi-private room unless otherwise covered in an

off the shelf plan.

100% Coverage

See Mental Health and Substance Abuse care (below) for details concerning inpatient psychiatric

care.

See Outpatient Services (below) for details concerning professional services.

13

Emergency Services (trips to emergency room):

Services provided for conditions that could lead to serious disability or death if not immediately

treated, such as accidents or sudden illness.

100% Coverage

Ambulance:

Professional ground transport to move a patient from the place where s/he is injured or becomes ill

to the nearest hospital able to provide treatment or to move a patient from one medical facility to

another.

80% Minimum Coverage

Outpatient Services:

Services provided by a certified healthcare provider on an ambulatory or outpatient basis (without

being admitted to a hospital), including surgeon’s fees and other medical services that may be

provided in a hospital, clinic, doctor’s office, medical facility, etc. Examples include, but are not

limited to:

-- Annual physical examinations

-- Specialist consultations and treatment, including second surgical opinion

-- Minor surgical interventions

-- Chemotherapy and radiation treatments

-- Immunizations recommended by local authorities and/or the World Health Organization

-- Diagnostic tests and diagnostic imaging


See Rehabilitative and Habilitative Services and Devices (below) for details concerning physical

therapy.

See Mental Health and Substance Abuse Care (below) for details concerning psychiatric therapy.

Obstetric and Newborn Care:

Care and services that women receive during pregnancy (prenatal care), throughout labor and

delivery, and post-delivery, and outpatient care for newborn babies. Hospitalization during

pregnancy and/or delivery will be reimbursed as Hospitalization (treatment in the hospital for

inpatient care). All other treatments will be considered Outpatient Services.

Inpatient: 100% Coverage; Outpatient: 80% Minimum Coverage

Pediatric Services:

Primary and preventive routine care services for covered dependent children, including, but not

limited to: physical examination, developmental assessment, laboratory tests, and immunizations

recommended by local authorities or the World Health Organization.

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Prescription Drugs:

Medications prescribed by a certified health care provider that are medically necessary. Examples

include but are not limited to: prescription antibiotics to treat an infection; medication used to treat

an ongoing condition, such as high cholesterol; prophylaxis; or contraceptive medication.


Preventive and Wellness and Chronic Disease Management:

Counseling or preventive care designed to prevent or detect medical conditions and care for chronic

conditions such as asthma and diabetes. Examples include, but not limited to: physicals,

immunization, and cancer screenings.


Hearing Aids:

Examinations and Treatment: 80% Minimum Coverage

Hearing Aid Apparatus: Limited to one apparatus per ear up to a maximum of USD 1,500 per

covered individual per three-year period. 80% Minimum Coverage; with annual cap.

Optical:

Examinations and Treatment: 80% Minimum Coverage

Prescription lenses and frames, or contact lenses: Covered up to a maximum of USD 300 per

covered individual every two years. 80% Minimum Coverage; with annual cap.

Dental:

Examinations and Treatment: Dentist’s fees, x-rays, examinations and treatment, cleanings, fillings,

extractions, false teeth, crowns, and bridges up to a maximum of USD 3,200 per covered individual

per contract year. 80% Minimum Coverage; with annual cap.

Orthodontia: Treatment is covered only if treatment begins before age 18, or if required as the result

of an accident. A maximum of four years of orthodontia treatment will be covered per covered

individual up to a maximum of USD 2,400 lifetime limit. 80% Minimum Coverage; with contract

lifetime cap.

Reproductive Health:

Prescribed contraceptive devices, preventive care and routine examinations, voluntary sterilization,

and diagnosis and treatment of conditions which may cause infertility. Assisted reproductive

technology (ART), fertility treatments, and reversal of sterilization are not covered (see Exclusions

to Coverage).


Mental Health and Substance Abuse Care:

15

Inpatient and outpatient care provided to evaluate, diagnose and treat a mental health condition or

substance abuse disorder. This includes behavioral health treatment, counseling, and

psychotherapy. Services must be provided by a licensed psychiatrist, psychoanalyst, psychologist,

or psychiatric social worker. Inpatient care for alcohol and substance abuse must be carried out at a

facility licensed for detoxification and rehabilitation.


Rehabilitative and Habilitative Services and Devices:

Rehabilitative services (e.g., recovering skills, such as speech therapy after a stroke or physical

therapy after an accident) and habilitative services (e.g., developing skills, such as speech therapy

for children) that help develop skills needed for everyday life. Devices to help gain or recover

mental or physical skills lost due to injury, disability or a chronic condition, and devices needed for

habilitative reasons.


HIV/AIDS:

Medications to suppress opportunistic infections (such as tuberculosis or toxoplasmosis for covered

individuals who have HIV/AIDS). Brief courses of anti-retroviral drugs during childbirth to prevent

the transmission of HIV/AIDS to the child. Generally excludes medication for the long-term

suppression of HIV/AIDS through the combination of anti-retroviral drugs in locations with

inadequate local healthcare infrastructures.

Note to Contracting Officer: Post should consider electing this option if HIV/AIDS treatment is not

covered as prevailing practice by local medical insurance providers, or is prohibitively expensive.

100% up to USD 10,000 per contract year per covered individual

OPTIONAL MEDICAL BENEFITS

Out-of-Country Medical Treatment:

Medical expenses incurred out-of-country will be covered, but coverage will be the same and

subject to the same total maximum annual limit as for medical expenses incurred in-country.

180 Day Coverage For Dependents After Employee’s Death:

At the time of a covered employee’s death, his/her eligible dependents covered under post’s medical

plan are eligible to continue receiving the same level of medical coverage for up to 180 days. This

optional benefit is subject to availability of funds at post and no extensions are

permitted.

C.1.2 Exclusions to Coverage:

There is no reimbursement for elective cosmetic surgery; spa cures; rejuvenation cures; massage;

exercise therapy; long-term rehabilitative therapy; non-medical hospital charges (e.g., telephone,

television, etc.); home help, family help, or similar household assistance; fees of persons who are

not certified health care providers; advanced reproductive technology (e.g., in-vitro fertilization,

intra-cellular sperm injection, artificial insemination, microsurgical epididymal sperm aspiration,

16

testicular sperm extraction, cryopreservation, etc.); or services or supplies which have not been

prescribed or approved by a certified health care provider. Exclusions to coverage may be amended

if provided in an off the shelf plan and is the lowest-cost and technically acceptable. Removal of any

exclusions require prior authorization.

There is no reimbursement for expenses that will be reimbursed or paid directly under a host country

medical program or workers' compensation program, the U.S. workers’ compensation program, or

post’s LE Staff workers’ compensation program.

C.1.3 Annual Maximum Limit - The maximum annual reimbursement per covered individual per

contract year, not including expenses covered under HIV/AIDS benefits if selected by post, is

29,000 OMR (100% of the annual base salary of an FSN-9 highest step/maximum base annual

salary rate rounded up to the nearest thousand).

C.1.4 Eligibility:

To be eligible to participate in the medical plan, LE Staff must be:

-- Paid under the terms of the Local Compensation Plan (LCP); and –

-- Under a non-temporary direct hire appointment, personal services agreement (PSA), or personal

services contract (PSC); or

-- Under a temporary direct hire appointment or PSA Fixed Term of one year or more.

Not eligible are those working under temporary appointments; those working under a PSC or PSA

that is time limited to less than one year; non-personal services contract personnel and their

employees, supplied by an independent contractor licensed to do business in Oman who provides

services to other local organizations as well as to the U.S. Mission; employees working on an

intermittent or When Actually Employed (WAE) schedule; employees of USAID institutional

contractors; Peace Corps personal services contractors as indicated in MS 743; and Recreation

Association employees.

Official Residence Expense (ORE) and Employee Association (EA) employees may be covered

under a rider to the contract. The employing officer/EA, not the USG, is responsible for the

employer's share of the premium costs for an ORE employee.

C.1.5 Periods of Ineligibility:

Employees and their dependents are not entitled to health benefits during any period of employment

for which premiums are not paid.

Additionally, employee's dependents are not entitled to health benefits during any period of

employment during which the employee was not eligible to participate.

During a period of extended Leave Without Pay (LWOP) or unpaid leave beyond one pay period,

the employee is responsible for the full cost of the insurance premiums for self and dependents. The

Mission will pay the premiums directly to the Contractor, and will collect the full cost from the

employee on a quarterly basis. Alternatively, the employee may elect to have coverage cease if they

prefer not to pay the premium.

C.1.6 Dependents:

17

LE Staff who are eligible to participate in the medical plan automatically confer coverage to eligible

family members who meet the following criteria:

Legal spouse: one legal spouse as defined by local law may be covered. LE Staff with more than

one legal spouse must select only one spouse for coverage.

In cases where LE Staff and their legal spouse both work for the mission and both are eligible to

participate in the medical plan, one will be designated as the lead for purposes of the medical plan,

and the other will be considered a legal spouse.

Dependent children: a child is defined as the LE Staff’s natural, adopted, stepchild, or foster child.

The child must be unmarried and financially dependent upon the LE Staff. A child will be covered

until the end of the contract year in which s/he reaches age 26. An unmarried child determined to be

incapable of self-support due to a physical or mental condition will continue to be eligible to

participate in the medical plan as long as the condition persists, the child remains unmarried, and the

LE Staff maintains coverage.

C.1.7. BROCHURE REQUIREMENT

C.1.7.1. The Contractor shall provide a document (brochure/pamphlet/other written document) in

English and Arabic that sets forth a complete listing of the health insurance benefits to be

provided under this contract. This brochure shall be provided in sufficient quantities so that each

covered employee receives a copy. The Contractor shall furnish all copies of the brochures to the

COR, who will ensure that appropriate distribution is made.

C.1.7.2 The Contractor shall provide the document described in C.1.7.1 to the COR not later than

30 days after date of contract award. The Contractor shall provide additional brochures for new

employees within ten (10) days of the COR’s request.

C.1.7.2 The Contractor assumes full responsibility for ensuring that the document described in

C.1.7.1 accurately reflects the requirements of the contract, as implemented by the Contractor’s

technical proposal. In all cases, the contract shall take precedence. Should the COR discover that

the brochure contains inaccuracies, the Contractor will be notified in writing; however, failure on

the part of the Government to notice any inaccuracies shall in no way limit, revise or otherwise

affect the requirement under this contract for the Contractor to fully comply with all contract terms.

18

PART II: GROUP LIFE INSURANCE

C.2.0 GROUP LIFE INSURANCE

The Government of the United States of America requires group life insurance coverage

for its employees, as further described in C.2.1, in Sultanate of Oman. The Government

has determined that the prevailing practice by employers in Sultanate of Oman is that

group life insurance coverage is representative of locally prevailing compensation

practice and that the cost of such insurance protection is usually borne by the employer

100%. Therefore, the Government desires to adopt such locally prevailing practice as

part of its compensation plan for its employees as further described in C.2.2. The

specific group insurance coverage under this contract is set forth in this part of Section

C and the Attachments in Section J.

C.2.1. Group Life Insurance Coverage

The amount of group life insurance coverage is as follows:

Amount of Employee Life Insurance:

The amount of life insurance coverage for each employee is based on 27 times his or her

monthly basic salary for natural death.

Amount of Accidental Death Insurance:

The employee’s estate will receive an amount equal to 46 times his or her monthly basic

salary for accidental death.

C.2.2 Conditions and Limitations:

No benefits shall be payable if an employee's death or other insurance event was caused

directly or indirectly by war. War shall be defined as declared or non-declared war or any

martial operations or invasion, hostile acts of foreign powers, rebellion, riot, civil war,

uprising, mutiny, operations by military or usurpatory authorities, martial law or state of

siege or any other similar event or reason for declaring martial law or war. A terrorist

attack shall not be considered war.

No benefit shall be payable under this contract if the employee's bodily injuries have been

caused directly or indirectly and totally or partially by:

(1) Violating the law or in resisting detention or arrest,

(2) Participation in competitions involving the use of wheeled vehicles, horses, boats or

water skis,

(3) An accident resulting from the employee being under the influence of alcohol, drugs

or other toxic substance unless administered by a physician. Death as a result of a disease

or physical or mental infirmities and medical or surgical treatment thereof (except

pyogenic infection due to an accidental cut or wound) shall be considered a natural and

not an accidental death. Suicide will not be covered.

19

Definitions:

Salary: monthly salary is one-twelfth of the employee's annual basic salary, exclusive of

premium pay, allowances, bonuses, or any other separate payments.

Note: Dependents and retirees are not covered for life benefits.

C.2.2. Brochure Requirement

C.2.3.1. The Contractor shall provide a document (brochure/pamphlet/other written

document) in English and Arabic that sets forth a complete listing of the life insurance

benefits to be provided under this contract. This brochure shall be provided in sufficient

quantities so that each covered employee receives a copy. The Contractor shall furnish all

copies of the brochures to the COR, who will ensure that appropriate distribution is made.

C.2.7.2. The document described in C.2.7.1 shall be provided to the COR not later than

30 days after date of contract award. The Contractor shall provide additional brochures

for new employees within ten days of the COR’s request.

C.2.7.3. The Contractor assumes full responsibility for ensuring that the document

described in C.2.7.1 accurately reflects the requirements of the contract, as implemented

by the Contractor’s technical proposal. In all cases, the contract shall take precedence.

Should the COR discover that the brochure contains inaccuracies, the Contractor will be

notified in writing; however, failure on the part of the Government to notice any

inaccuracies shall in no way limit, revise or otherwise affect the requirement under this

contract for the Contractor to fully comply with all contract terms.

20

C.3.0 DEFINITIONS

FMO The Financial Management Officer (FMO) or the paying

office for all U.S. Government Agencies, except U.S.

AID.

COR Contracting Officer's Representative (COR) is the Human

Resources Officer (HRO) at post.

Contributory Insurance Insurance for which the employee contributes toward the

premium.

Customary and Reasonable

Treatment A diagnostic test or medical treatment which is usually

performed in the community where the individual is being

treated.

Dependent For the purposes of this plan, an employee's dependents

are defined as the employee's legal spouse (limit one) and

each unmarried, economically dependent child who

primarily resides with the employee unless away at

school.

Child is defined as the employee's natural child, adopted

child, stepchild, or foster child. An eligible child will be

covered until the end of the calendar year in which the

child turns age 18, or in the case of a child who is a full-

time student, until the end of the calendar year in which

the child turns age 22. There is no age limit for an eligible

child who is physically or mentally handicapped so as to

be unable to live independently. There is no limit on the

number of children covered per employee.

Parents, grandparents, siblings, and other relatives are not

eligible dependents.

Disability - Total and

Permanent A physical or mental impairment which precludes the

individual from performing ordinary motor or bodily

functions and which requires separation from

employment. If the impairment is the result of a previous

impairment, it shall be considered a continuation of the

prior impairment.

Employee An individual employed by the U.S. Government, under a

direct-hire appointment, personal services contract (PSC),

or personal services agreement (PSA), as further defined

in Section C.1.4. This may also include ORE Staff if this

category of individual is listed as participating under a

rider in C.1.3.3 for health insurance and C.2.3.3 for life

insurance.

Employer The United States Government or in the case of ORE the

Chief of Mission/Deputy Chief of Mission

21

GSO General Services Officer in charge of the General Services

Office at post. This officer is usually the Contracting

Officer (CO) for this contract.

Hospital An institution established and operated for the care and

treatment of sick and injured persons. It provides 24-hour

nursing care and has diagnostic, laboratory, treatment, and

surgical facilities. Any institution which does not meet this definition is not considered a hospital.

Hospital Patient An individual who has been admitted to a hospital, is

assigned a bed, and is given diagnostic tests or receives

treatment for a disease or an injury.

Maximum Benefit The total amount that will be paid to any one covered

individual for covered medical expenses or life insurance/disability benefit.

Physician An individual who has graduated from an accredited

medical school and is licensed to practice medicine in the

jurisdiction in which the contract is to be performed. If

the individual is a medical specialist, then he or she is Board Certified in that specialty

Surgical Procedure Any invasive medical procedure by manual or instrument

operation undertaken for diagnosis or treatment of a

diseased patient.

22

SECTION D

PACKAGING AND MARKING

(RESERVED)

23

SECTION E

INSPECTION AND ACCEPTANCE

E.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if

they were given in full text. Upon request, the Contracting Officer will make their full text

available. In addition, the full text of a clause may be accessed electronically at: Acquisition.gov

this address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use

the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also

use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest

location of the most current FAR.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference:

CLAUSE TITLE AND DATE

52.246-4 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996)

E.2. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan is designed to provide an effective surveillance method to promote effective Contractor

performance. The QASP provides a method for the Contracting Officer's Representative (COR)

to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and

notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the

Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to conduct quality assurance to ensure that contract standards are

achieved.

Performance Objective

PWS

Paragraph Performance Threshold

Services

Performs all the insurance services set forth

in the Performance Work Statement (PWS)

C.1.0 thru

C.3.0

All required services are

performed and no more than one

(1) [Note to Contracting

Officer: Insert different number

if desired] customer complaint is

received per month

[Note to Contracting Officer:

Add other measures as desired]

https://acquisition.gov/browse/index/far

https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

24

E.2.1 Surveillance. The COR will receive and document all complaints from Government

personnel regarding the services provided. If appropriate, the COR will send the complaints to

the Contractor for corrective action.

E.2.2 Standard. The performance standard is that the Government receives no more than one

(1) customer complaint per month. The COR shall notify the Contracting Officer of the

complaints so that the Contracting Officer may take appropriate action to enforce the inspection

clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996) or the appropriate

Inspection of Services clause), if any of the services exceed the standard.

E.2.3 Procedures

(a) If any Government personnel observe unacceptable services, either incomplete

work or required services not being performed, they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the

complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor

and give the Contractor additional time to correct the defect, if additional time is available. The

COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid

complaints.

(f) If the Contractor disagrees with the complaint and challenges the validity of the

complaint, the Contractor will notify the COR. The COR will review the matter to determine the

validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the

complaint.

(h) Repeat customer complaints are not permitted for any services. If a repeat

customer complaint is received for the same deficiency during the service period, the COR will

contact the Contracting Officer for appropriate action under the Inspection clause.

25

SECTION F

DELIVERIES OR PERFORMANCE

F.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)









The following Federal Acquisition Regulation clauses are incorporated by reference:


52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.2 PERIOD OF PERFORMANCE. The performance period of this contract is one year

beginning on April 01, 2021 the effective date of the contract and continuing for twelve months

with Four (4) one-year options to renew.

F.3 OPTIONS

(a) The Government may extend this contract in accordance with the option clause at

Section I, clause I.2, FAR Clauses Incorporated by Full Text (FAR 52.217-9, Option to Extend

the Term of the Contract), which also specifies the total potential duration of the contract.

(b) The Government may exercise the option set forth at Section I, "FAR 52.217-8,

Option to Extend Services".

F.4 REPORTS AND OTHER DELIVERABLES

All reports and other deliverables required under this contract shall be delivered to the following

address:

U.S. Embassy Muscat C/O HR Officer

Madinat Al-Sultan Qaboos Street # 32 Building #38

Jamait AD Duwal Arabiyya Street

Muscat, Oman



26

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. 652.242-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one Government employee, by

name or position title, to take action for the Contracting Officer under this contract. This

designee shall be identified as a Contracting Officer’s Representative (COR). Such designation

shall specify the scope and limitations of the authority so delegated; provided, that the designee

shall not change the terms or conditions of the contract, unless the COR is a warranted

Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is the Human Resources Officer/Specialist.

G.2 COR DUTIES

G.2.1 The COR is responsible for inspection and acceptance of services. These duties

include review of Contractor invoices, including the supporting documentation required by the

contract. The COR may provide technical advice, substantive guidance, inspections, invoice

approval, and other purposes as deemed necessary under the contract.

G.2.2 In addition, the COR shall maintain updated list of employees and dependents

insured, which will supersede the initial list provided under this contract and as reported to the

insurer without prejudice to the ineligibility clause.

G.2.3. The COR has the additional responsibility of maintaining the eligible listing of

employees and dependents for insurance coverage.

G.2.4 The COR may not change the terms and conditions of the contract. While the

COR is authorized to provide the Contractor with updated listings of eligible employees and

dependents, only the Contracting Officer may modify existing task orders or issue new task

orders, reflecting these changes, since only the Contracting Officer can obligate funding and

commit the Government.

G.3. Payment shall be made in Omani Rials

G.4 SUBMISSION OF INVOICES AND PAYMENT

G.4.1. Invoices for U.S. Government employees shall be submitted in an original and

three (3) copies to the following address (designated billing office only for the purpose of

submitting invoices):

27

US EMBASSY MUSCAT

C/O FINANCIAL MANAGEMENT OFFICE

P.O. BOX 202, P.C. 115, MADINAT AL SULTAN QABOOS,

MUSCAT

SULTANATE OF OMAN

ALTERNATE A – Payments at End of Covered Period

G.4.2. Frequency of Payments. All funds under this contract will be obligated by

issuance of task orders, as described in H.3. Each task order will fund a specific period of time

and number of employees, and the task orders will be issued at the frequency described in H.3.

All payments under this contract will be made at the conclusion of the period covered. Invoices

may be submitted quarterly with payments being made quarterly by the Government.

G.4.3. U.S. Government Employees. The Government shall make payments directly to

the Contractor for all Government employees, whether or not the employee is contributing to the

premium amount.

G.4.4 ORE Staff. The Chief of Mission and/or Deputy Chief of Mission will make

payment directly to the Contractor for the entire premium amount of the ORE staff, whether or

not the ORE employee is contributing to the premium amount.

G.4.5. “RESERVED”.

G.5 REFUNDS TO THE GOVERNMENT

If at any time during performance of the contract the Government finds that the Contractor has

been overpaid because the number of employees and/or dependents covered has decreased, the

Contracting Officer may either allow that overpayment to be credited to the Government’s

account or require that the Contractor refund the overpayment. If the Contracting Officer

requests a refund, the Contractor shall make that refund to the Government within ten calendar

days of receipt of the request.

G.6 VALUE ADDED TAX (VAT). The Government will not reimburse the Contractor for

VAT under this contract. The Contractor shall not include a line for VAT on Invoices as the

U.S. Embassy has a tax exemption certificate with the host government.

28

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY. On occasion, a Contractor employee may require entry into U.S.

Government-owned or -operated facilities. If so, the Contractor should be prepared to provide

the necessary identification to permit escorted access within that facility.

H.2 STANDARDS OF CONDUCT. The Contractor shall maintain satisfactory standards of

employee competency, conduct, cleanliness, appearance, and integrity and shall be responsible

for taking such disciplinary action with respect to employees as may be necessary. Each

Contractor employee is to adhere to standards that reflect credit on themselves, their employer,

and the United States Government.

H.3 ORDERING PROCEDURES. The Government will issue a task order as soon as

possible after contract award to identify all employees to be covered by the insurance described

in this contract and the coverage selected by each employee, including dependents to be covered.

The COR will make subsequent additions or deletions to this list in writing and provide the

revised list to the Contractor. All such revisions shall be consolidated, and a new or modified

task order will be issued by the Contracting Officer. If any changes have been made to the

coverage listing, the Government anticipates issuance of a new task order on a [ ] monthly, [x]

quarterly basis. This new task order will include all changes made since the previous task order

was issued and will include any increase or decrease in necessary funding. The changes to the

list of eligible individuals will supersede the initial list provided under prior task orders without

prejudice to the ineligibility clause. Task orders will indicate the effective date of employment,

for purposes of calculating the premium due.

H.3.1. The ORE staff under separate riders are not included under the task orders issued

by the Contracting Officer. The COR will coordinate with the Contractor to order any coverage

for ORE employees. When contacted by the employer, the Contractor shall advise the employer

of the paperwork and payment that will be necessary to order coverage for the identified

individuals. Because more than one employer may have ORE staff, the Contractor may be

contacted by more than one employer (typically the Chief of Mission and Deputy Chief of

Mission).

H.4. CONTRACTOR RESPONSIBILITY IN CLAIMS AND REIMBURSEMENT TO

CLAIMANTS

General.

The Contractor shall be responsible for all planning, estimating, programming, project

management, scheduling, dispatching, supervision, and inspection of work. The Contractor shall

maintain his own reference library of technical reference works and local laws and regulations,

including current tariffs and registries. The Contractor shall treat the information provided by

the Embassy concerning employee' personal data, medical information, and salaries as highly

29

sensitive and not divulge any employee information to unauthorized persons. The Contractor

shall establish procedures for handling medical insurance claims as follows:

(a) Administrative Records

(1) The Contractor shall maintain medical insurance files for each covered

employee and each covered dependent including receipts and proof of paid claims, requests for

claim reimbursements, and accounting of paid benefits with balances of amounts remaining in

the annual per person reimbursement ceiling.

(2) The Contractor shall provide the COR with the necessary claim forms for

each type of benefit that can be claimed under the contract. These forms shall specify a list of

documents required to be appended to each claim and otherwise provide instructions for claim

filing.

(3) The Contractor shall use the English spelling of the employees' names in

all transactions, including reimbursement checks.

(4) The Contractor shall provide employee claim reimbursement checks to the

COR for disbursement to the employee not later than the Tuesday which is two weeks after the

claim has been submitted.

(b) Medical Insurance Claims. Settlement of medical insurance shall be completed as

follows:

(1) All medical claims shall be submitted directly to the Contractor by

employees, through a drop box in the COR's office. The claims shall be picked up from the

COR each Tuesday.

(2) The Contractor shall date stamp and screen all claims submitted on the day

of receipt. If there are any missing documents or information thereby disallowing said claim to

be payable, the Contractor shall notify the employee within two days, with a copy to the COR (if

notification is written).

(3) The Contractor shall settle the claims no later than two weeks from the

date the claim is submitted to the Contractor.

(4) Settlement shall be by issuance of checks in the name of the employee for

each claim submitted. Each check shall be accompanied by a form providing details of the

amount reimbursed with an explanation of deductions, if any.

(5) The Contractor shall accept the employee's or dependent's choice to go for

surgery to hospitals designated by the Contractor in order that the Contractor will pay the

expenses directly to the hospitals.

(c) Payment of Life Insurance Benefits to Beneficiaries. The Contractor shall

settle life insurance claims as follows:

30

(1) The Contractor shall provide forms for the designation of

beneficiaries for the life insurance benefits to the COR. The COR shall have all enrolled eligible

employees complete designation of beneficiary forms and keep them in their personnel folders,

ORE staff folders, or EAE folders. Upon the death of an enrolled employee, the COR shall

provide this form to the Contractor.

(2) The Contractor shall pay the employee's named beneficiary, legal

heir, or estate the total amount of the claim within 60 days from the date the Contractor receives

a completed dismemberment or death claim. Payment shall be computed on the basis of the

coverage as defined in Section C.2.0 and its subparagraphs.

H.5. REPORT REQUIREMENTS. The Contractor shall provide the following reports

monthly. All reports must be received by the COR no later than the 10th day of each month.

These reports shall report on the previous month's activities.

(a) Employee Claims Report. The report will list all claims paid by the Contractor to

a claimant, including the name of the claimant, date claim is received by the

Contractor, and the amount claimed. This report shall also include all outstanding

claims and a brief description of why claim has not been paid.

(b) Utilization Report: The report will list services and costs by benefit type:

hospitalization, outpatient services provide which should include prescription drugs

and medicines, etc. Utilization reports must be received by the COR on a quarterly

basis no later than 10th day of the month following the completion of the previous

quarter.. These reports shall report on the previous quarter’s activities.

(c) The Contractor will have regular meetings with the COR; monthly during the first

year of the contract and quarterly thereafter.

(d) All reports and other deliverables (insurance cards, claim checks etc.) under this

contract shall be delivered to the Embassy.

H.6. MISCELLANEOUS CONTRACTOR REQUIREMENTS

H.6.1. General. The Contractor shall take all such steps as are necessary, and obtain and

pay for all permits, taxes and fees as are required by the Sultanate of Oman government to

establish and/or operate a commercial venture locally. A contract with the U.S. Government

conveys no special privileges or immunities to the Contractor. The Contractor is an independent

commercial concern and not a part of the U.S. mission. The Contractor's employees are not U.S.

Government employees. Registration of this contract with Sultanate of Oman government, if

required by law, will be the sole responsibility of the Contractor, and any fees, taxes, or other

duties shall be payable by the Contractor without recourse to the Government of the amounts

thereof.

H.6.2. Licenses and Local Laws. The Contractor shall possess all permits, licenses, and

any other appointments required for the prosecution of work under this contract, all at no

31

additional cost to the Government. The Contractor shall perform this contract in accordance

with local laws.

H.7 ERRONEOUS PAYMENTS. If the Government becomes eligible for a refund of

payment because of erroneous overpayment or other cause, the Contractor shall refund the

amounts or use them to offset future payments owed by the Government, whichever the

Government prefers. The Contractor shall refund any refunds not complete or discovered after

the completion date of this contract.

H.8 REQUIRING ACTIVITY. The requiring activity under this contract is the U.S.

Embassy/Consulate.

32

SECTION I

CONTRACT CLAUSES

I.1. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)









The following Federal Acquisition Regulation clauses are incorporated by reference:


52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUN 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017)



33

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL LAND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND

OTHER COVERED ENTITIES (JUL 2018)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT (JUN 2020)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JULY 2013)

52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 2020)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA – MODIFICATIONS (AUG 2011)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA -

MODIFICATIONS (OCT 2010)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION

OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

52.222-19 CHILD LABOR – COOPERATION WITH AUTHORITIES AND REMEDIES

(JAN 2018)

52.222-50 COMBATTING TRAFFICKING IN PERSONS (MAR 2015)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

34

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.224-3 PRIVACY TRAINING (JAN 2017)

52.225-5 TRADE AGREEMENTS (AUG 2018)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION

OF CONTRACT (FEB 2000)

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS (APR 1984)

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6 TAXES - FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (OCT 2010)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-34 PAYMENT BY EFT – OTHER THAN SAM (JULY 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-1 DISPUTES (MAY 2014) Alternate I (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

35

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

52.242-13 BANKRUPTCY (JULY 1995)

52.243-1 CHANGES (AUG 1987) – Alternate I (APR 1984)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2019)

52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)

52.246-26 REPORTING NONFORMING ITEMS (DEC 2019)

52.248-1 VALUE ENGINEERING (OCT 2010)

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED

PRICE) (APRIL 2012)

52.249-8 DEFAULT - FIXED PRICE SUPPLY AND SERVICE (APR 1984)

I.2. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED IN

FULL TEXT

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by

issuance of delivery orders or task orders by the individuals or activities designated in the

Schedule. Such orders may be issued from the first day of the ongoing performance period

through the last day of that performance period. See F.2.

(b) All delivery orders or task orders are subject to the terms and conditions of this

contract. In the event of conflict between a delivery order or task order and this contract, the

contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the

Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by

electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

[Note to Contracting Officer: For this entire clause insert all dollar figures or quantities

where indicated. The minimum order amount is normally smaller than the contractual

minimum. The amounts filled in under subparagraph (b) for maximum order, combination of

orders and series of orders is many times the same amount for all three fill-ins. Make sure it

is sufficiently high so that any single order will not exceed it. For example, if you plan to

place quarterly task orders, then make sure the maximum order amount is at least as high as a

quarterly order will be.]

(a) Minimum order. When the Government requires supplies or services covered by

this contract in an amount of less than 25 enrollees including dependents, the Government is not

36

obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under

the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 700 enrollees including

dependents.;

(2) Any order for a combination of items in excess of 1000 enrollees including

dependents. or

(3) A series of orders from the same ordering office within 15 (fifteen) days

that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (such as, includes the Requirement clause at

subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not

required to order a part of any one requirement from the Contractor if that requirement exceeds

the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any

order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is

returned to the ordering office within 15 (fifteen) days after issuance, with written notice stating

the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving

this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective

for the period stated, in the Schedule. The quantities of supplies or services specified in the

Schedule are estimates only and are not purchased by this contract. Except as this contract may

otherwise provide, if the Government's requirements do not result in orders in the quantities

described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis

for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in

accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause

or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or

services specified in the Schedule and called for by orders issued in accordance with the

Ordering clause. The Government may issue orders requiring delivery to multiple destinations or

performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the

Contractor all the supplies or services specified in the Schedule that are required to be purchased

by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in

excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the

earliest date that delivery may be specified under this contract, and if the Contractor will not

accept an order providing for the accelerated delivery, the Government may acquire the urgently

required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed

within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor's and Government's rights and obligations with respect

to that order to the same extent as if the order were completed during the contract's effective

37

period; provided, that the Contractor shall not be required to make any deliveries under this

contract after Thirty 30 calendar days

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits

and at the rates specified in the contract. The option provision may be exercised more than once,

but the total extension of performance hereunder shall not exceed 6 months. The Contracting

Officer may exercise the option by written notice to the Contractor within the performance

period of the contract.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor

within the performance period of the contract or within 30 days after funds for the option year

become available, whichever is later.

(b) If the Government exercises this option, the extended contract shall be considered

to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this

clause, shall not exceed sixty six (66) (months)

(End of clause)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (JUN 2020)

(a) Definitions. As used in this clause—

Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means—

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31));

and

(5) Any trust if—

(i) A court within the United States is able to exercise primary supervision over the

administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions

of the trust.

38

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its

implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the

withholding, the Contractor shall include the Department of the Treasury Internal Revenue

Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement

Payments, with each voucher or invoice submitted under this contract throughout the period in

which this status is applicable. The excise tax withholding is applied at the payment level, not at

the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the

exemption (if any) that applies to that particular invoice, such as a different exemption applying.

In the absence of a completed IRS Form W-14 accompanying a payment request, the default

withholding percentage is 2 percent for the section 5000C withholding for that payment request.

Information about IRS Form W-14 and its separate instructions is available via the internet

at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision

52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully

exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that

full exemption no longer applies due to a change in circumstances during the performance of the

contract that causes the Contractor to become subject to the withholding for the 2 percent excise

tax then the Contractor shall—

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes

the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor

claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result

of Line 11 divided by Line 10, the Government will withhold from each payment an amount

equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form

W-14 (rather than completes Lines 10 through 12), 3ontractor must identify and enter the

specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will

then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its

instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-

1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject

to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C

tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

39

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the

proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may

publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue

Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS

on how the law is applied to a specific set of facts. For questions relating to the interpretation of

the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of clause)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 30

September of each Government Fiscal Year. The Government's obligation for performance of

this contract beyond that date is contingent upon the availability of appropriated funds from

which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond 30

September of each Government Fiscal Year, until funds are made available to the Contracting

Officer for performance and until the Contractor receives notice of availability, to be confirmed

in writing by the Contracting Officer.

(End of clause)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the

government and must be continued without interruption and that, upon contract expiration, a

successor, either the government or another contractor, may continue them. The Contractor

agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect

an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer’s written notice, (1) furnish

phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good

faith a plan with a successor to determine the nature and extent of phase-in , phase-out services

required. The plan shall specify a training program and a date for transferring responsibilities for

each division of work described in the plan, and shall be subject to the Contracting Officer’s

approval. The Contractor shall provide sufficient experienced personnel during the phase-in,

phase-out period to ensure that the services called for by this contract are maintained at the

required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job

to help the successor maintain the continuity and consistency of the services required by this

contract. The Contractor also shall disclose necessary personnel records and allow the successor

to conduct on site interviews with these employees. If selected employees are agreeable to the

change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of

their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs

(i.e., costs incurred within the agreed period after contract expiration that result from phase-in,

phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under

this contract.

40

[Note to Contracting Officer: Include the following clause 52.237-7 if any type of health care

services will be provided. This would include services ranging from a simple examination as a

precursor to referring employees to a designated clinic or health care facility to services that

include performance of actual medical procedures and dispensing of medications. Please note

that the clause has a fill-in.]

52.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)

(a) It is expressly agreed and understood that this is a non-personal services contract,

as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional

services rendered by the Contractor are rendered in its capacity as an independent contractor.

The Government may evaluate the quality of professional and administrative services provided,

but retains no control over professional aspects of the services rendered, including by example,

the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The

Contractor shall be solely liable for and expressly agrees to indemnify the Government with

respect to any liability producing acts or omissions by it or by its employees or agents. The

Contractor shall maintain during the term of this contract liability insurance issued by a

responsible insurance carrier of not less than the following amount(s) per specialty per

occurrence: (Not applicable) .

(b) An apparently successful offeror, upon request by the Contracting Officer, shall

furnish prior to contract award evidence of its insurability concerning the medical liability

insurance required by paragraph (a) of this clause.

(c) Liability insurance may be on either an occurrences basis or on a claims-made

basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a

period of not less than 3 years after the end of the contract term must also be provided.

(d) Evidence of insurance documenting the required coverage for each health care

provider who will perform under this contract shall be provided to the Contracting Officer prior

to the commencement of services under this contract.

(e) The policies evidencing required insurance shall also contain an endorsement to

the effect that any cancellation or material change adversely affecting the Government's interest

shall not be effective until 30 days after the insurer or the Contractor gives written notice to the

Contracting Officer. If during the performance period of the contract the Contractor changes

insurance providers, the Contractor must provide evidence that the Government will be

indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the

contract, either under the new policy, or a combination of old and new policies.

(f) The Contractor shall insert the substance of this clause, including this paragraph

(f), in all subcontracts under this contract for health care services and shall require such

subcontractors to provide evidence of and maintain insurance in accordance with paragraph (a)

of this clause. At least 5 days before the commencement of work by any subcontractor, the

Contractor shall furnish to the Contracting Officer evidence of such insurance.

I.3 DEPARTMENT OF STATE ACQUISITION REGULATION (DOSAR)

41

The following DOSAR clauses are provided in full text:

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD

ISSUANCE PROCEDURES (MAY 2011)

(a) The Contractor shall comply with the Department of State (DOS) Personal

Identification Card Issuance Procedures for all employees performing under this contract who

require frequent and continuing access to DOS facilities, or information systems. The Contractor

shall insert this clause in all subcontracts when the subcontractor’s employees will require

frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Issuance Procedures may be accessed at:

http://www.state.gov/m/ds/rls/rpt/c21664.htm .

(End of clause)

CONTRACTOR IDENTIFICATION (JULY 2008)

Contract performance may require contractor personnel to attend meetings with

government personnel and the public, work within government offices, and/or utilize

government email.

Contractor personnel must take the following actions to identify themselves as non-

federal employees:

1) Use an email signature block that shows name, the office being supported and company

affiliation (e.g. “John Smith, Office of Human Resources, ACME Corporation Support

Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever

contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

(End of clause)

652.216-70 ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004)

The Government shall use one of the following forms to issue orders under this contract:

(a) The Optional Form 347, Order for Supplies or Services, and Optional Form 348,

Order for Supplies or Services Schedule - Continuation; or,

(b) The DS-2076, Purchase Order, Receiving Report and Voucher, and DS-2077,

Continuation Sheet.

(End of clause)

652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, as

amended (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C.

2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country

against a country which is friendly to the United States and which is not itself the object of any

form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab

League countries is such a boycott, and therefore, the following actions, if taken with intent to

comply with, further, or support the Arab League Boycott of Israel, are prohibited activities

under the Export Administration Act:

http://www.state.gov/m/ds/rls/rpt/c21664.htm

42

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel,

with any Israeli concern, or with any national or resident of Israel, or with any other person,

pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise

discriminating against any person on the basis of race, religion, sex, or national origin of that

person or of any owner, officer, director, or employee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any

U.S. person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to

have any business relationship (including a relationship by way of sale, purchase, legal or

commercial representation, shipping or other transport, insurance, investment, or supply)

with or in the State of Israel, with any business concern organized under the laws of the State

of Israel, with any Israeli national or resident, or with any person which is known or believed

to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made

contributions to, or is otherwise associated with or involved in the activities of any charitable

or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing letter of credit which

contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden “compliance with the

boycott”, and are therefore exempted from Section 8(a)’s prohibitions listed in paragraphs (a)(1)

through (6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or

services provided by any business concern organized under the laws of Israel

or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route

other than that prescribed by the boycotting country or the recipient of the

shipment;

(2) Complying or agreeing to comply with import and shipping document

requirements with respect to the country of origin, the name of the carrier and route of

shipment, the name of the supplier of the shipment or the name of the provider of other

services, except that no information knowingly furnished or conveyed in response to such

requirements may be stated in negative, blacklisting, or similar exclusionary terms, other

than with respect to carriers or route of shipments as may be permitted by such regulations in

order to comply with precautionary requirements protecting against war risks and

confiscation;

(3) Complying or agreeing to comply in the normal course of business with the

unilateral and specific selection by a boycotting country, or national or resident thereof, of

carriers, insurance, suppliers of services to be performed within the boycotting country or

specific goods which, in the normal course of business, are identifiable by source when

imported into the boycotting country;

(4) Complying or agreeing to comply with the export requirements of the boycotting

country relating to shipments or transshipments of exports to Israel, to any business concern

of or organized under the laws of Israel, or to any national or resident of Israel;

(5) Compliance by an individual or agreement by an individual to comply with the

immigration or passport requirements of any country with respect to such individual or any

43

member of such individual’s family or with requests for information regarding requirements

of employment of such individual within the boycotting country; and,

(6) Compliance by a U.S. person resident in a foreign country or agreement by such

person to comply with the laws of that country with respect to his or her activities exclusively

therein, and such regulations may contain exceptions for such resident complying with the

laws or regulations of that foreign country governing imports into such country of

trademarked, trade named, or similarly specifically identifiable products, or components of

products for his or her own use, including the performance of contractual services within that

country, as may be defined by such regulations.

(End of clause)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN

THE UNITED STATES (JUL 1988)

This is to certify that the item(s) covered by this contract is/are for export solely for the

use of the U.S. Foreign Service Post identified in the contract schedule.

The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof

of exportation may be obtained from the agent handling the shipment. Such proof shall be

accepted in lieu of payment of excise tax.

(End of clause)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

Regulations at 22 CFR Part 136 require that U.S. Government employees and their

families do not profit personally from sales or other transactions with persons who are not

themselves entitled to exemption from import restrictions, duties, or taxes. Should the Contractor

experience importation or tax privileges in a foreign country because of its contractual

relationship to the United States Government, the Contractor shall observe the requirements of

22 CFR Part 136 and all policies, rules, and procedures issued by the chief of mission in that

foreign country.

(End of clause)

652.237-72 Observance of Legal Holidays and Administrative Leave (FEB 2015)

(a) The Department of State observes the following days as holidays:

All work shall be performed during 08:00am and 04:30pm, Sunday to Thursday except for the

holidays identified below. Other hours may be approved by the Contracting Officer's

Representative. Notice must be given 24 hours in advance to COR who will consider any deviation

from the hours identified above.

(a) The Department of State observes the following days* as holidays:

New Year's Day

Martin Luther King's Birthday

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

44

Christmas Day

(a) Ascension Day

Oman Renaissance Day

Eid al Fitr

Islamic New Year Day

Eid Al Adha

Oman National Day

The Prophet’s Birthday

*Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(b) When any such day falls on a Friday or Saturday, the preceding Thursday is

observed in lieu of Friday, and the following Sunday is observed in lieu of Saturday. Observance

of such days by Government personnel shall not be cause for additional period of performance or

entitlement to compensation except as set forth in the contract.

(End of clause)

(c) When the Department of State grants administrative leave to its Government employees,

assigned contractor personnel in Government facilities shall also be dismissed. However, the

contractor agrees to continue to provide sufficient personnel to perform round-the-clock

requirements of critical tasks already in operation or scheduled and shall be guided by the

instructions issued by the contracting officer or his/her duly authorized representative.

(d) For fixed-price contracts, if services are not required or provided because the building is closed

due to inclement weather, unanticipated holidays declared by the President, failure of Congress to

appropriate funds, or similar reasons, deductions will be computed as follows:

(1) The deduction rate in dollars per day will be equal to the per month contract price

divided by 21 days per month.

(2) The deduction rate in dollars per day will be multiplied by the number of days services

are not required or provided.

If services are provided for portions of days, appropriate adjustment will be made by the

contracting officer to ensure that the contractor is compensated for services provided.

(e) If administrative leave is granted to contractor personnel as a result of conditions stipulated in

any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost

of salaries and wages to the contractor for the period of any such excused absence shall be a

reimbursable item of direct cost hereunder for employees whose regular time is normally charged,

and a reimbursable item of indirect cost for employees whose time is normally charged indirectly

in accordance with the contractors accounting policy.

(End of clause)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

(a) The Contractor warrants the following:

45

(1) That it has obtained authorization to operate and do business in the

country or countries in which this contract will be performed;

(2) That it has obtained all necessary licenses and permits required to perform

this contract; and,

(3) That it shall comply fully with all laws, decrees, labor standards, and

regulations of said country or countries during the performance of this contract.

(b) If the party actually performing the work will be a subcontractor or joint venture

partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph

(a) of this clause.

(End of clause)

652.243-70 NOTICES (AUG 1999)

Any notice or request relating to this contract given by either party to the other shall be in

writing. Said notice or request shall be mailed or delivered by hand to the other party at the

address provided in the schedule of the contract. All modifications to the contract must be made

in writing by the Contracting Officer.

(End of clause)

46

SECTION J

LIST OF EXHIBITS/ATTACHMENTS

EXHIBIT A – EMPLOYEE STATISTICS

Total number of LES employees - 180

Total number of dependents - 467

Employees with families - 138

Single employees - 42

• Age groups such as 18 – 28 = xx employees, 29 – 30 = xx employees, 31-35 = xx employees, 36-

40 = xx employees, 41-45 = xx employees, 46-50 = xx employees, 51-55 = xx employees, 56-60

= xx employees, 61-65 = xx employees.

Ages No. of Employees

18-28 4 29-30 6 31-35 20 36-40 37 41-45 38

46-50 34 51-55 19 56-60 15 61-65 7

EXHIBIT B - ORE EMPLOYEES RIDER

ORE Rider: All current active employees of the Chief of Mission and the Deputy Chief of Mission

assigned to their respective official Government residence and paid under an ORE account. All

cost for ORE employees are the responsibility of the employing officer, not the U.S. Government.

ORE are covered for Health Insurance services only, details per PART I – Health Insurance. They

are not covered for Life Insurance.

Chief of Mission – 3 ORE employees

Deputy Chief of Mission – 2 ORE employees

• riders/ORE staff

No. of ORE Staff No. of Dependents

5 2

Ages No. of ORE Staff 30-40 1 41-50 2 51-60 1 61-65 1

47

EXHIBIT C – Current Payroll Statistics

Bi-weekly payroll estimate - 95,772 Omani Rial

Annual payroll estimate – 2,490,071.00 Omani Rial

48

SECTION K

REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENTS OF OFFERORS

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR

1985)

(a) The offeror certifies that

(1) The prices in this offer have been arrived at independently, without, for the

purpose of restricting competition, any consultation, communication, or agreement with any

other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii)

the methods or factors used to calculate the prices offered:

(2) The prices in this offer have not been and will not be knowingly disclosed by the

offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case

of sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless

otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other

concern to submit or not submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be certification by the signatory that the

signatory -

(1) Is the person in the offeror's organization responsible for determining the prices

being offered in this bid or proposal, and that the signatory has not participated and will not

participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in

certifying that those principals have not participated, and will not participate in any action

contrary to subparagraphs (a)(1) through (a)(3)

above

(Insert full name of person(s) in the offeror's organization responsible for determining the

prices offered in this bid or proposal, and the title of his or her position in the offeror's

organization);

(ii) As an authorized agent, does certify that the principals named in

subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary

to subparagraphs (a)(1) through (a)(3) above.

(iii) as an agent, has not personally participated, and will not participate, in any

action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) if the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with

its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

K.2. 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision – “Lobbying contact” has the meaning

provided at 2 USC 1602(8). The terms “agency”, “influencing or attempting to influence”,

“officer or employee of an agency”, “person”, “reasonable compensation”, and “regularly

49

employed” are defined in the FAR clause of this solicitation entitled Limitation on Payments to

Influence Certain Federal Transactions (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of

this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions”

(52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of

his or her knowledge and belief that no Federal appropriated funds have been paid or will be paid

to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a member of

Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have

made a lobbying contract on behalf of the offeror with respect to this contract, the offeror shall

complete and submit, with its officer, OMB Standard Form LLL, Disclosure of Lobbying

Activities, to provide the name of the registrants. The offeror need not report regularly

employed officers or employees of the offeror to whom payments of reasonable compensation

were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for

making or entering into this contract imposed by 31 USC 1352. Any persons who makes an

expenditure prohibited under this provision or who fails to file or amend the disclosure required

to be filed or amended by this provision, shall be subject to a civil penalty of not less than

$10,000, and not more than $150,000, for each failure.

(End of provision)

K.3 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements – Representation (JAN 2017)

K.4. 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

"Common parent", as used in this provision, means that corporate entity that owns or

controls an affiliated group of corporations that files its Federal income tax returns on a

consolidated basis, and of which the offeror is a member.

“Taxpayer Identification Number (TIN)", as used in this provision, means the number

required by the IRS to be used by the offeror in reporting income tax and other returns. The

TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this

provision in order to comply with debt collection requirements of 31 U.S.C. 7701(c) and

3325 (d), reporting requirements of 26 USC 6041, 6041A, and 6050M and implementing

regulations issued by the Internal Revenue Service (IRS). If the resulting contract is

subject to the reporting requirements described in FAR 4.904, the failure or refusal by the

50

offeror to furnish the information may result in a 31 percent reduction of payments

otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent

amounts arising out of the offeror’s relationship with the Government (3l USC 7701(

c)(3)). If the resulting contract is subject to the payment reporting requirements

described in FAR 4.904, the TIN provided hereunder may be matched with IRS records

to verify the accuracy of the offeror’s TIN.

(d) Taxpayer Identification Number (TIN).

TIN: ____________________________

TIN has been applied for.

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that

does not have income effectively connected with the conduct of a trade or

business in the U.S. and does not have an office or place of business or a fiscal

paying agent in the U.S.;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government.

(e) Type of Organization.

Sole Proprietorship;

Partnership;

Corporate Entity (not tax exempt);

Corporate Entity (tax exempt);

Government Entity (Federal, State or local);

Foreign Government;

International organization per 26 CFR 1.6049-4;

Other _________________________________.

(f) Common Parent.

Offeror is not owned or controlled by a common parent as defined in paragraph (a) of

this clause.

Name and TIN of common parent:

Name _____________________________

TIN ______________________________

(End of provision)

K.4 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a) (1) The North American Industry Classification System (NAICS) code for this

acquisition is______524113/524114____________.

(2) The small business size standard is _____38,500,000 million dollars ________.

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(3) The small business size standard for a concern which submits an offer in its own

name, other than on a construction or service contract, but which proposes to furnish a product

which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this

solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this

solicitation, and the Offeror has an active registration in the System for Award Management

(SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the

corresponding individual representations and certifications in the solicitation. The Offeror shall

indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual

representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as

indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies

to solicitations when a firm-fixed-price contract or fixed-price contract with economic price

adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures

in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed

bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or

regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions. This provision applies to solicitations expected to exceed

$150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-Representation. This provision applies to all

solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do

not include the provision at 52.204-7, System for Award Management.

https://www.acquisition.gov/content/52204-7-system-award-management#i1063838


https://www.acquisition.gov/content/52203-2-certificate-independent-price-determination#i1063268

https://www.acquisition.gov/content/part-13-simplified-acquisition-procedures#i1112458

https://www.acquisition.gov/content/52203-11-certification-and-disclosure-regarding-payments-influence-certain-federal-transactions#i1063408

https://www.acquisition.gov/content/52203-18-prohibition-contracting-entities-require-certain-internal-confidentiality-agreements-or-statements-representation#i52_203-18

https://www.acquisition.gov/content/52204-3-taxpayer-identification#i1063736


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(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision

applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying

areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-

Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-

Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision

applies to solicitations where the contract value is expected to exceed the simplified acquisition

threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability

or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to

invitations for bids except those in which the place of performance is specified by the

Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless

the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).

This provision applies to solicitations when the contract will be performed in the United States or

its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than

DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD,

NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a

multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when

contracting by sealed bidding and the contract will be performed in the United States or its

outlying areas.

https://www.acquisition.gov/content/52204-5-women-owned-business-other-small-business#i1063796

https://www.acquisition.gov/content/52204-26-covered-telecommunications-equipment-or-services-representation#id19CAC0P0ESS

https://www.acquisition.gov/content/52209-2-prohibition-contracting-inverted-domestic-corporations-representation#i1062479

https://www.acquisition.gov/content/52209-5-certification-regarding-responsibility-matters#i1062558

https://www.acquisition.gov/content/52209-11-representation-corporations-regarding-delinquent-tax-liability-or-felony-conviction-under-any-federal-law#id165RA0UH01A

https://www.acquisition.gov/content/52214-14-place-performance-sealed-bidding#i1059991

https://www.acquisition.gov/content/52215-6-place-performance#i1059247

https://www.acquisition.gov/content/52219-1-small-business-program-representations#i1057235

https://www.acquisition.gov/content/52219-2-equal-low-bids#i1057302

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(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies

to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to

solicitations, other than those for construction, when the solicitation includes the clause

at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements.

This provision applies to solicitations when it is anticipated the contract award will exceed the

simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to

solicitations that require the delivery or specify the use of USDA–designated items; or include

the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and

Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to

solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations

containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause

at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the

provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the

provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the

provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations

containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan-Certification. This provision applies to all solicitations.

https://www.acquisition.gov/content/52222-22-previous-contracts-and-compliance-reports#i1055729

https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793

https://www.acquisition.gov/content/52222-25-affirmative-action-compliance#i1055782

https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793

https://www.acquisition.gov/content/52222-38-compliance-veterans%E2%80%99-employment-reporting-requirements#i1056289

https://www.acquisition.gov/content/52223-1-biobased-product-certification#i1052963

https://www.acquisition.gov/content/52223-2-affirmative-procurement-biobased-products-under-service-and-construction-contracts#i1052973

https://www.acquisition.gov/content/52223-4-recovered-material-certification#i1053040

https://www.acquisition.gov/content/52223-22-public-disclosure-greenhouse-gas-emissions-and-reduction-goals-representation#CDCHDCIFF4


https://www.acquisition.gov/content/52225-2-buy-american-certificate#i1053411

https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372

https://www.acquisition.gov/content/52225-4-buy-american-free-trade-agreements-israeli-trade-act-certificate#i1053526

https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

https://www.acquisition.gov/content/52225-6-trade-agreements-certificate#i1053693

https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648

https://www.acquisition.gov/content/52225-20-prohibition-conducting-restricted-business-operations-sudan-certification#i1054426

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(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-Representation and Certifications. This provision

applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to solicitations for research, studies, supplies, or services

of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the

Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed

End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-

Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered

Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

____ (A) Basic.

____ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted

Computer Software.

(d) The offeror has completed the annual representations and certifications electronically

in SAM website accessed through https://www.sam.gov. After reviewing the SAM information,

the offeror verifies by submission of the offer that the representations and certifications currently

posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision

have been entered or updated within the last 12 months, are current, accurate, complete, and

applicable to this solicitation (including the business size standard applicable to the NAICS code

referenced for this solicitation), as of the date of this offer and are incorporated in this offer by

reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes,

identifying change by clause number, title, date]. These amended representation(s) and/or

https://www.acquisition.gov/content/52225-25-prohibition-contracting-entities-engaging-certain-activities-or-transactions-relating-iran-representation-and-certifications#i1054876

https://www.acquisition.gov/content/52226-2-historically-black-college-or-university-and-minority-institution-representation#i1054999

https://www.acquisition.gov/content/52204-17-ownership-or-control-offeror#i1064305

https://www.acquisition.gov/content/52204-20-predecessor-offeror#id165VE00099X

https://www.acquisition.gov/content/52222-18-certification-regarding-knowledge-child-labor-listed-end-products#i1055635

https://www.acquisition.gov/content/52222-48-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-certification#i1056493

https://www.acquisition.gov/content/52222-52-exemption-application-service-contract-labor-standards-contracts-certain-services-certification#i1056701

https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138

https://www.acquisition.gov/content/52227-6-royalty-information#i1052268

https://www.acquisition.gov/content/52227-15-representation-limited-rights-data-and-restricted-computer-software#i1052648

https://www.sam.gov/

https://www.acquisition.gov/content/41201-policy#i1121876

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certification(s) are also incorporated in this offer and are current, accurate, and complete as of

the date of this offer.

FAR Clause # Title Date Change

_________________________________

Any changes provided by the offeror are applicable to this solicitation only, and do not

result in an update to the representations and certifications posted on SAM

(End of provision)

K.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it “does not provide covered telecommunications equipment or

services as a part of its offered products or services to the Government in the performance of any

contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v) of the

provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or

services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and

substantial or essential component have the meanings provided in the clause 52.204-25,

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13,

2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any

equipment, system, or service that uses covered telecommunications equipment or services as a

substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a

service that connects to the facilities of a third-party, such as backhaul, roaming, or

interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic

or cannot permit visibility into any user data or packets that such equipment transmits or

otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408

56

uses any equipment, system, or service that uses covered telecommunications equipment or

services as a substantial or essential component of any system, or as critical technology as part of

any system. This prohibition applies to the use of covered telecommunications equipment or

services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a

service that connects to the facilities of a third-party, such as backhaul, roaming, or


(ii)Cover telecommunications equipment that cannot route or redirect user data traffic

or cannot permit visibility into any user data or packets that such equipment transmits or

otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards

for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument

resulting from this solicitation. The Offeror shall provide the additional disclosure information

required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of

this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror

represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any

equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this

section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has

responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall

provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include

entity name, unique entity identifier, CAGE code, and whether the entity was the original

equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include

brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and

any factors relevant to determining if such use would be permissible under the prohibition in

paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered

telecommunications services offered (include on the item being maintained: Brand; model

number, such as OEM number, manufacturer part number, or wholesaler number; and item

description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the

service being provided; and explanation of the proposed use of covered telecommunications


57

services and any factors relevant to determining if such use would be permissible under the

prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror

has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall

provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include

entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a

distributor, if known);

(B)A description of all covered telecommunications equipment offered (include

brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and

any factors relevant to determining if such use would be permissible under the prohibition in

paragraph (b)(2) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered

telecommunications services offered (include on the item being maintained: Brand; model

number, such as OEM number, manufacturer part number, or wholesaler number; and item

description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and

explanation of the proposed use of covered telecommunications services and any factors relevant

to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this

provision.

(End of provision)

K.6 52.204-26 Covered Telecommunications Equipment or Services-Representation

(OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services”

and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards

for “covered telecommunications equipment or services”.

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered

telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the Offeror

represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or

any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

K.7 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause—

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–


58

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security

surveillance of critical infrastructure, and other national security purposes, video surveillance

and telecommunications equipment produced by Hytera Communications Corporation,

Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any

subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using

such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or

provided by an entity that the Secretary of Defense, in consultation with the Director of National

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an

entity owned or controlled by, or otherwise connected to, the government of a covered foreign

country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set

forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22,

Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15,

Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security,

chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology;

or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials,

software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating

to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations,

part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function

or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization

Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or

obtain, any equipment, system, or service that uses covered telecommunications equipment or

services as a substantial or essential component of any system, or as critical technology as part of

any system. The Contractor is prohibited from providing to the Government any equipment,

system, or service that uses covered telecommunications equipment or services as a substantial

or essential component of any system, or as critical technology as part of any system, unless an

exception at paragraph (c) of this clause applies or the covered telecommunication equipment or

services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

https://acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO

59

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or


(2) Telecommunications equipment that cannot route or redirect user data traffic or permit

visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used

as a substantial or essential component of any system, or as critical technology as part of any

system, during contract performance, or the Contractor is notified of such by a subcontractor at

any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of

this clause to the Contracting Officer, unless elsewhere in this contract are established

procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts,

the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the

Contracting Officer(s) for any affected order or, in the case of the Department of Defense,

identify both the indefinite delivery contract and any affected orders in the report provided

at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of

this clause

(i) Within one business day from the date of such identification or notification: the

contract number; the order number(s), if applicable; supplier name; supplier unique entity

identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or

wholesaler number); item description; and any readily available information about mitigation

actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this

clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of

covered telecommunications equipment or services, and any additional efforts that will be

incorporated to prevent future use or submission of covered telecommunications equipment or

services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this

paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for

the acquisition of commercial items.

(End of clause)

K.8 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations Representation

(Nov 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the

clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations

(52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available)

funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted

domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in

accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that.

https://dibnet.dod.mil/

https://dibnet.dod.mil/

https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085903

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085953

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(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

K.9 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared

ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or

had a civil judgment rendered against them for: commission of fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)

contract or subcontract; violation of Federal or State antitrust statutes relating to the submission

of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving

stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this

solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a

governmental entity with, commission of any of the offenses enumerated in paragraph

(a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any

delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains

unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been

assessed. A liability is not finally determined if there is a pending administrative or judicial

challenge. In the case of a judicial challenge to the liability, the liability is not finally determined

until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has

failed to pay the tax liability when full payment was due and required. A taxpayer is not

delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles

the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax

because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be

a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the

taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing

with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if

the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled

to contest the underlying tax liability because the taxpayer has had no prior opportunity to

contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the

61

taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has

exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The

taxpayer is making timely payments and is in full compliance with the agreement terms. The

taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because

enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or

more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner;

or a person having primary management or supervisory responsibilities within a business entity

(e.g., general manager; plant manager; head of a division or business segment; and similar

positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States

and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject

to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time

prior to contract award, the Offeror learns that its certification was erroneous when submitted or

has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not

necessarily result in withholding of an award under this solicitation. However, the certification

will be considered in connection with a determination of the Offeror’s responsibility. Failure of

the Offeror to furnish a certification or provide such additional information as requested by the

Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of

records in order to render, in good faith, the certification required by paragraph (a) of this

provision. The knowledge and information of an Offeror is not required to exceed that which is

normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon

which reliance was placed when making award. If it is later determined that the Offeror

knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation

for default.

(End of provision)

K.10. 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS –

CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to

acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

________ (1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant

factor in the President's or Secretary of State's determination that a foreign country is in

violation of its obligations undertaken in any arms control, nonproliferation, or

disarmament agreement to which the United States is a party, or is not adhering to its

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arms control, nonproliferation, or disarmament commitments in which the United States

is a participating state. The determinations are described in the most recent unclassified

annual report provided to Congress pursuant to section 403 of the Arms Control and

Disarmament Act (22 U.S.C. 2593a). The report is available via the internet

at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to

or was a significant factor in the President's or Secretary of State's determination that a

foreign country is in violation of its obligations undertaken in any arms control,

nonproliferation, or disarmament agreement to which the United States is a party, or is

not adhering to its arms control, nonproliferation, or disarmament commitments in which

the United States is a participating state. The determinations are described in the most

recent unclassified annual report provided to Congress pursuant to section 403 of the

Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the

internet at https://www.state.gov/t/avc/rls/rpt/; or

________ (2) The Offeror is providing separate information with its offer in accordance with

paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this

provision). For clarity, references to the report in this section refer to the entirety of the

annual unclassified report, including any separate reports that are incorporated by

reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings

of the reports incorporated by reference to identify the foreign countries listed there.

Determine whether the Offeror or any person owned or controlled by the Offeror may

have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those

foreign countries to determine whether or not each such foreign country was determined

to be in violation of its obligations undertaken in an arms control, nonproliferation, or

disarmament agreement to which the United States is a party, or to be not adhering to its

arms control, nonproliferation, or disarmament commitments in which the United States

is a participating state. For clarity, in the annual report an explicit certification of non-

compliance is equivalent to a determination of violation. However, the following

statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has

engaged in any activity that contributed to or is a significant factor in the determination in

the report that one or more of these foreign countries is in violation of its obligations

undertaken in an arms control, nonproliferation, or disarmament agreement to which the

United States is a party, or is not adhering to its arms control, nonproliferation, or

disarmament commitments in which the United States is a participating state. Review the

narrative for any such findings reflecting a determination of violation or non-adherence

related to those foreign countries in the report, including the finding itself, and to the

extent necessary, the conduct giving rise to the compliance or adherence concerns, the

analysis of compliance or adherence concerns, and efforts to resolve compliance or

adherence concerns.

https://www.state.gov/t/avc/rls/rpt/

https://www.state.gov/t/avc/rls/rpt/

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(4) The Offeror may submit any questions with regard to this report by email

to [email protected]. To the extent feasible, the Department of State will

respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer;

or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer

information that the President of the United States has—

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which

measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation

of fact upon which reliance was placed when making award. If it is later determined that

the Offeror knowingly submitted a false certification, in addition to other remedies

available to the Government, such as suspension or debarment, the Contracting Officer

may terminate any contract resulting from the false certification.

(End of provision)

K.11 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS

OPERATIONS IN SUDAN— CERTIFICATION (AUG 2009)

(a) Definitions. As used in this provision—

“Business operations” means engaging in commerce in any form, including by

acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating

equipment, facilities, personnel, products, services, personal property, real property, or

any other apparatus of business or commerce.

“Marginalized populations of Sudan” means—

(1) Adversely affected groups in regions authorized to receive assistance

under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344)

(50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such

Act.

“Restricted business operations” means business operations in Sudan that include

power production activities, mineral extraction activities, oil-related activities, or the

production of military equipment, as those terms are defined in the Sudan Accountability

and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not

include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the

regional Government of Southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of

Foreign Assets Control in the Department of the Treasury, or are expressly

exempted under Federal law from the requirement to be conducted under such

authorization;

(3) Consist of providing goods or services to marginalized populations of

Sudan;

(4) Consist of providing goods or services to an internationally recognized

peacekeeping force or humanitarian organization;

mailto:[email protected]

http://uscode.house.gov/

64

(5) Consist of providing goods or services that are used only to promote

health or education; or

(6) Have been voluntarily suspended.

(b) Certification. By submission of its offer, the offeror certifies that it does not conduct any

restricted business operations in Sudan.

(End of provision)

K. 12 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION

(JUN 2020)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract

with a foreign contracting party that is for goods, manufactured or produced, or services

provided in a foreign country that is not a party to an international procurement agreement with

the United States. For purposes of the prior sentence, a foreign country does not include an

outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means—

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if—

(i) A court within the United States is able to exercise primary supervision over the

administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions

of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal

procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and

its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-

1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the

Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign

Contracting Party Receiving Federal Procurement Payments, available via the internet

at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject

to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C

65

tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue.

The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that—

(1) It [__]is [__]is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror

represents that—I am claiming on the IRS Form W-14 [____] a full exemption, or [____] partial

or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision,

then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in

any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not

submitted with the offer, exemptions will not be applied to any resulting contract and the

Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph

(d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause

at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the

proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may

publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue

Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS

on how the law is applied to a specific set of facts. For questions relating to the interpretation

of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

K.13 AUTHORIZED CONTRACT ADMINISTRATOR

If the offeror does not fill-in the blanks below, the official who signed the offer will be deemed

to be the offeror's representative for Contract Administration, which includes all matters

pertaining to payments.

Name:

Address:

Telephone Number:

K. 14 The following FAR Clauses are provided by reference:

https://www.irs.gov/help/tax-law-questions

66

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS –

REPRESENTATION (JAN 2017)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION

AND CERTIFICATIONS (JUN 2020)

The following DOSAR provisions are provided in full text:

K.15 652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

(a) Definitions. As used in this provision:

Foreign person means any person other than a United States person as defined

below.

United States person means any United States resident or national (other than an

individual resident outside the United States and employed by other than a United States

person), any domestic concern (including any permanent domestic establishment of any

foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign

establishment) of any domestic concern which is controlled in fact by such domestic

concern, as provided under the Export Administration Act of 1979, as amended.

(b) Certification. By submitting this offer, the offeror certifies that it is not:

(1) Taking or knowingly agreeing to take any action, with respect to the

boycott of Israel by Arab League countries, which Section 8(a) of the Export

Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States

person from taking; or,

(2) Discriminating in the award of subcontracts on the basis of religion.

(End of provision)

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SECTION L

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

The Offeror shall include Defense Base Act (DBA) insurance premium costs covering

employees. The offeror may obtain DBA insurance directly from any Department of Labor

approved providers at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

L.1. SUBMISSION OF OFFERS

This solicitation is for the provision of insurance and services described in Sections C and J, under

the terms and conditions set forth herein. Offerors may submit proposals for both health and life

insurance services or may submit proposals on only one insurance plan, Part I-Health Insurance or

Part II-Group Life Insurance.

L.2. SUMMARY OF INSTRUCTIONS. Each proposal must consist of the following

separate volumes:

Volume Title

Number of

Copies

1

Executed Standard Form 33, Solicitation Offer and Award, and

completed Section K: REPRESENTATIONS, CERTIFICATIONS,

AND OTHER STATEMENTS OF OFFERORS 2

2

Price Proposal and completed Section B: Supplies or Services and

Price/Costs 2

3 Technical Proposal containing all technical factors and sub-factors 4

L.3. DELIVERY OF PROPOSALS AND EXCEPTIONS TO SOLICITATION. The offeror

shall submit the complete offer to the address indicated on the Standard Form 33, Solicitation,

Offer and Award in at Block 7, if mailed, or Block 9, if hand delivered, of Standard Form 33,

Solicitation, Offer and Award. Any deviation, exceptions, or conditional assumptions taken with

respect to any of the instructions or requirements of this solicitation shall be identified and

explained/justified in the appropriate volume of the offer.

L.4. CONTENTS OF PROPOSALS. The proposals shall contain documents filled out in

strict conformance with the detailed instructions set forth as follows:

L.4.1. Volume 1 -- Standard Form 33: Complete Blocks 12 through 18, as appropriate

and fill in all the blanks in Section K of this solicitation.

L.4.2. Volume 2 -- Price Proposal and fill in Section B.

(a) Price proposal for the base year of both insurance programs;

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

68

(b) Price proposal for the option years of both insurance programs;

however, a price proposal for an option year with no proposal for the

base year will not be considered, nor will a proposal for a base period which does not

include a proposal for all option periods for that same type of insurance.

L.4.3. Volume 3 -- Technical Proposal

L.4.3.1 Management Approach

(a) Understanding of the Requirement

(i) The offeror must demonstrate that it understands the

requirement set forth in Sections C, Parts I and/or II through Section J of

the solicitation. The offeror must demonstrate a knowledge and

familiarity in providing the insurance and services required in the

aforementioned sections of the solicitation. For health insurance, if the

proposal is for a health maintenance organization (HMO) or clinic type,

describe the facilities and medical personnel that will be available. The

offeror must also describe the pool of coverage in which the covered

employees will be contained, and, a description of how the experience

rating would be determined in regards to Section B.4.

(ii) Proposals shall contain only the benefit levels stated in

Section C. Proposals offering benefit levels greater or less than those

levels required in Section C may be rejected as unacceptable.

(b) Plan Administration

The offeror must demonstrate how it plans to perform the contract,

especially as it relates to:

• Providing the insurance

• Maintaining adequate reserves to pay claims, including

accounting procedures

• Administering and prompt payment of insured claims for

reimbursement

• Procedures for reviewing claims (including where and how

claims will be processed and settled)

• Description of the system for tracking utilization of

services by claimants by diagnostic or other actuarial

categories/profiles and comparing them against regional or

national norms

69

• Availability of central point of contact and phone number

for employees to call regarding claims or information

• Providing periodic reporting and accounting of financial

results of the plan, including reporting formats

• The overall management of the contract.

L.4.3.2.1. Experience and Past Performance

List all contracts and subcontracts your company has held over the past three

years for the same or similar work. Provide the following information for each

contract and subcontract:

(a) Customer's name, address, and the telephone numbers of previous

contractors for whom similar insurance and services were

provided;

(b) Contract number and type of contract;

(c) Date and place of performance of the contract and delivery dates

and period of performance;

(d) Scope of the contract, i.e., types of insurance provided and range

of population covered, as well as total dollar amount;

(e) Brief description of the performance requirements;

(f) Comparability to the work required under this solicitation;

(g) Brief discussion of any major technical problems and their

resolutions.

L.4.3.2.2 Licensing Information

The offeror shall include a notarized copy of the most current license/certificate/-

accreditation, which demonstrates that the offeror is licensed/certified/accredited

or otherwise authorized by the Government of Sultanate of Oman or its agent (e.g.,

insurance commission, board) to provide health insurance coverage to persons (to

include organizations, companies, groups) within the host country. If the offeror is

not licensed/certified/accredited or otherwise authorized by the government of

Sultanate of Oman it must demonstrate that it is licensed/certified/accredited by a

government other than Sultanate of Oman to provide health insurance for persons

in Sultanate of Oman and must demonstrate its capacity to provide health benefits

in Sultanate of Oman to meet the minimum requirements and other conditions set

forth in this solicitation.

70

This section shall demonstrate that the offeror is licensed/certified/accredited

through no less than the final day of the base performance period and that the

offeror is eligible for renewal for the option periods. This section shall also

summarize and describe any probationary, disciplinary or actions taken upon the

offeror, which are in force or are about to be imposed upon the offeror by the

government of Sultanate of Oman or its agents.

Failure to demonstrate that the offeror is an authorized insurance company

permitted to write and administer health insurance policies in Sultanate of Oman

shall be grounds for rejection of the proposal.

L.4.3.3. Profit Sharing Credit

The offeror shall indicate whether any insurance plan offered will be

subject to participation in any profit sharing credit program, pooling agreement

(including multinational agreements) or any other premium credit procedure. If

this is applicable, please describe. This is for evaluation only to distinguish

between otherwise equally priced, technically acceptable proposals and will not

be considered in determining the lowest-priced offeror.

L.4.3.4 Employee Pool

The offeror shall describe the pool that will apply to the employees under

this contract. The offeror will describe the size of the pool, whether it is a mixture

of commercial and government (if applicable), alternative pools that are available

in the event the economic price adjustment clause becomes effective.

L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same

force and effect as if they were given in full text. Upon request, the Contracting Officer will

make their full text available. In addition, the full text of a clause may be accessed electronically

at Acquisition.gov this address is subject to change.





The following Federal Acquisition Regulation provisions are incorporated by reference:

PROVISION TITLE AND DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)



71

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING (JUL 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

52.214-34 SUBMISSION OF OFFERS IN ENGLISH LANGUAGE (APR 1991)

52.215-1 INSTRUCTIONS TO OFFERORS—COMPETITIVE ACQUISITION

(JAN 2004)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS (MAR

2015)

L.6 SOLICITATION PROVISIONS INCLUDED IN FULL TEXT

L.6.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a requirements type contract that

contains fixed prices with economic price adjustment, resulting from this solicitation.

The quantities shown in Section B are estimates only and the Government is not

obligated to order the estimated quantities shown in this section.

L.6.2 ECONOMIC PRICE ADJUSTMENT

See B.4 and B.8 for information relating to the economic price adjustment

features of this contract.

L.6.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a). Protests, as defined in section 33.101 of the Federal Acquisition

Regulation, that are filed directly with an agency, and copies of any protests

that are filed with the General Accounting Office (GAO) shall be served on the

Contracting Officer (addressed as follows) by obtaining written and dated

acknowledgment of receipt from the Contracting Officer, U.S. Embassy,

Muscat, Oman.

(b) The copy of any protest shall be received in the office designated

above within one day of filing a protest with the GAO.

L.7. 652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

(a) The Department of State’s Advocate for Competition is responsible for assisting industry in

removing restrictive requirements from Department of State solicitations and removing barriers to

full and open competition and use of commercial items. If such a solicitation is considered

competitively restrictive or does not appear properly conducive to competition and commercial

72

practices, potential offerors are encouraged first to contact the contracting office for the

solicitation. If concerns remain unresolved, contact:

(1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or

a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at

[email protected].

(2) For all others, the Department of State Advocate for Competition at [email protected].

(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns

from potential offerors and contractors during the pre-award and post-award phases of this

acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer,

the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The

purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements,

and recommendations of interested parties to the appropriate Government personnel, and work to

resolve them. When requested and appropriate, the ombudsman will maintain strict

confidentiality as to the source of the concern. The ombudsman does not participate in the

evaluation of proposals, the source selection process, or the adjudication of formal contract

disputes. Interested parties are invited to contact the contracting activity ombudsman Ms. Joy K.

Yamamura, Management Officer, and Telephone No.:00968-2464-3660 Fax No.: 00968-2464-

3770. For an American Embassy or overseas post, refer to the numbers below for the Department

Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot

be resolved at a contracting activity level may be referred to the Department of State Acquisition

Ombudsman at (703) 516-1696 or write to: Department of State, Acquisition Ombudsman,

Office of the Procurement Executive (A/OPE), Suite 1060, SA-15, Washington, DC 20520.

(End of provision)

L.8. PRE-PROPOSAL CONFERENCE

L.8.1. A pre-proposal conference to discuss the requirements of this solicitation will be

held on Nov 23,2020 at 1100 at US Embassy Muscat. Offerors interested in attendance should

contact the following individual:

Name: Dimitry Medvedev

E-mail: [email protected]

Telephone Number: +968 24643792

Fax Number: +968 2464 3740

L.8.2. Offerors are urged to submit written questions at least three days before the

scheduled pre-proposal conference date, using the address provided in block 9 of Standard Form




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33, Solicitation, Offeror and Award, of this solicitation or by faxing the questions to the above

fax number, marked to the attention of the above-named individual.

L.8.3. Attendees may also bring written questions to the proposal conference; however,

if the answer requires research, there is no guarantee that the question will be able to be

answered at that conference.

L.8.4. The Government’s statements at the pre-proposal conference shall not be

considered to be a change to the solicitation unless a written amendment is issued.

L.8.5. Following the conference, all prospective offerors who received a copy of the

solicitation will be provided a copy of all questions presented in writing prior to the conference,

along with answers. If the answer requires a change to the solicitation, a solicitation amendment

will also be issued.

L.9 FINANCIAL STATEMENT

If asked by the Contracting Officer, the offeror shall provide a current statement of its

financial condition, certified by a third party. This current statement shall include:

Income (profit-loss) Statement that shows profitability for the 5 years;

Balance Sheet that shows the assets owned and the claims against those assets, or what a

firm owns and what it owes; and

Cash Flow Statement that shows the firm’s sources and uses of cash during the most

recent accounting period. This will help the Government assess a firm’s ability to pay its

obligations.

The Government will use this information to determine the offeror’s financial

responsibility and ability to perform under the contract. Failure of an offeror to comply with a

request for this information may cause the Government to determine the offeror to be non-

responsible.

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SECTION M

EVALUATION FACTORS FOR AWARD

M.1. EVALUATION OF PROPOSALS

M.1.1. General. To be acceptable and eligible for evaluation, proposals must be prepared

in accordance with Section L - INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS, and must meet all the requirements set forth in the other sections of this

solicitation. Acceptable proposals will be evaluated pursuant to this section, and award shall be

made as set forth in M.3 below.

M.2. OVERALL EVALUATION

Proposals will be evaluated in two phases: a technical evaluation to determine the

acceptability of the offer to the solicitation technical requirements; and a price evaluation to

determine the total evaluated price proposed by each offeror. The "total evaluated price" is the

cumulative total of the base year insurance plus all option years for the total estimated quantity

specified in Section B.

The Government will make a responsibility determination by analyzing whether the apparent

successful offeror complies with the requirements of FAR subpart 9.1, including:

• Adequate financial resources or the ability to obtain them;

• Ability to comply with the required performance period, taking into consideration all

existing commercial and governmental business commitments;

• Satisfactory record of integrity and business ethics;

• Necessary organization, experience, and skills or the ability to obtain them;

• Necessary equipment and facilities or the ability to obtain them; and

• Be otherwise qualified and eligible to receive an award under applicable laws and

regulations.

M.3. AWARD SELECTION

M.3.1. General. The award selection will go to the lowest priced, technically acceptable,

responsible offeror. As described in FAR 52.215-1, "Instructions to Offerors - Competitive

Acquisition,” which is incorporated by reference in Section L, award may be made based upon

initial offers, without discussions. The offeror must also be licensed/certified/accredited.

M.3.2. Profit Sharing Credit Plan

In the event of equal proposals and in the event that one offeror presents an acceptable

Profit Sharing Credit plan, the offeror proposing the most generous plan, in terms of benefit to

the Government will receive the award. This profit sharing credit plan will be part of the

resultant contract.

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M.4. FIXED PRICES

Offerors must propose fixed prices for the coverage identified in Section B -

SERVICES AND PRICES. Proposals that do not include fixed prices cannot be evaluated for the

total requirement and will be rejected.

M.5. TECHNICAL EVALUATION

Offers will be evaluated on:

(i) Meeting each of the individual mandatory requirements/minimums for health and

life insurance coverage specified in Section C through H and the Exhibit(s) and submitting an

acceptable Management Plan (L.4.3) indicating how vendor will administer the plan and

demonstrate an understanding, knowledge and familiarity of the requirements. The Government

may reject, as technically, unacceptable proposals that:

(a) Fail to provide the minimum benefits required by the solicitation; or

(b) Offer additional benefits not required by the solicitation (even though there is

no increase in the price).

(c) Fail to demonstrate how solicitation requirements will be met.

(ii) The demonstration that the offeror is licensed/certified/accredited or otherwise

authorized by the Government of Sultanate of Oman or its agent (e.g., insurance commission,

board) to provide health insurance coverage to persons (to include organizations, companies,

groups) within the host country. If the offeror is not licensed/certified/accredited or otherwise

authorized by the Government of Sultanate of Oman , it must demonstrate that it is

licensed/certified/accredited by a government other than that of the host country to provide

health insurance for persons in Sultanate of Oman and must demonstrate its capacity to provide

health benefits in Sultanate of Oman to meet the minimum requirements and other conditions set

forth in this solicitation;

(iii) Acceptable relevant Experience and Past Performance; and

(iv) Meet all other terms and conditions set forth in this solicitation.

M.6. 52.217-5 EVALUATION OF OPTIONS (JULY 1990)

The Government will evaluate offers for award purposes by adding the total price for all

options to the total price for the basic requirement. Evaluation of options will not obligate the

Government to exercise the option(s).

M.7. PRICE EVALUATION

For the purpose of evaluation, and for no other purpose, evaluation of prices submitted

will be made on the basis that the Government will order the estimated quantities shown in

Section B – SERVICES AND PRICES, of this solicitation.

The Government will make either one or two awards as a result of this solicitation. If one

award is made it will be for both the health and the life insurance requirements. If two awards

are made one award will be for all of the health insurance requirements and one award will be for

all of the life insurance requirements. The Government will determine the best value to the

Government in deciding on whether to make one or two awards.

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M.8. SEPARATE CHARGES

Separate charges, in any form, are not solicited. For example, proposals containing any

charges for failure of the Government to exercise any options will be rejected. The Government

shall not be obligated to pay any charges other than the contract price, including any exercised

options.

M.9 AWARD WITHOUT DISCUSSIONS

In accordance with FAR provision 52.215-1 (included in Section L of this RFP), offerors

are reminded that the Government may award this contract based on initial proposals and without

holding discussions, pursuant to FAR 15.305(a).

Documents

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